Zabriskie v. Central Vermont Railroad
New York Supreme Court
■ Appeals from a judgment entered on the report of a referee, and from an order of the special term. Action by William B. Zabriskie against the Central Vermont Railroad Company. Plaintiff appeals from a judgment for defendant entered on trial before a referee, and from an order granting defendant an allowance in addition to costs.
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■ Appeals from a judgment entered on the report of a referee, and from an order of the special term. Action by William B. Zabriskie against the Central Vermont Railroad Company. Plaintiff appeals from a judgment for defendant entered on trial before a referee, and from an order granting defendant an allowance in addition to costs. The amount for which judgment was claimed by plaintiff was $6,583.50, with interest, which, computed to the date of the referee’s report, would make his claim amount to more than $7,500. Defendant set up a counter-claim for $20,000 damages, and the referee found in…
1Opinion of the CourtDaniels, J.
The plaintiff, as the assignee of Robert Hare Powel & Co., and the Guaranty Trust & Safe Deposit Company of Philadelphia, brought this action to recover the price and value of coal sold and delivered to. and used by the defendant. There was no serious dispute concerning the quantity of coal *736delivered to and received by the defendant. Much the greater part was delivered by the firm of Powel & Co. in the year 1887, and before the 29th of August of that year, when they made a general assignment to the Guaranty Trust & Safe Deposit Company. After the assignment the assignee continued to send coal…
2Cases cited8 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Pierson v. . CrooksNew York Court of Appeals · 1889
- Brigg v. . HiltonNew York Court of Appeals · 1885
- Coplay Iron Co. (Ltd.) v. PopeNew York Court of Appeals · 1888
- Norton v. . DreyfussNew York Court of Appeals · 1887
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3Cited by2 opinions
- Mexican Cent. Ry. Co. v. SpragueCourt of Appeals for the Fifth Circuit · 1902
- Dudley v. PerkinsNew York Supreme Court · 1924